Pubdate: Sun, 18 May 2008
Source: Burlington Post (CN ON)
Copyright: 2008 Burlington Post
Contact:  http://www.burlingtonpost.com/
Details: http://www.mapinc.org/media/1528
Author: Tim Whitnell
Bookmark: http://www.mapinc.org/mmjcn.htm (Cannabis - Medicinal - Canada)

RESTAURANT OWNER STILL FUMES OVER POT CASE

Is Reconsidering An 11-Page Tentative Deal

Ted Kindos said he is taking this weekend to reconsider an 11-page
tentative deal that was supposed to put an  end to a three-year
dispute over a customer's medicinal  marijuana use.

Late Friday afternoon, Kindos told the Burlington Post that after
seeing the tentative agreement the previous  day; he is now reviewing
the details with his family  and lawyer. He refused to comment further.

The owner of Gator Ted's Tap and Grill on Guelph Line had initially
told the Post Thursday that he and local  resident Steve Gibson had
reached a deal over the  latter's smoking outside Kindos' business.

Kindos didn't want Gibson -- who has a federal government exemption
to smoke medical pot to ease neck  pain from a workplace injury -- to
smoke his weed too  close to the front entrance of Gator Ted's. The 
restaurant owner believes the smoke is a nuisance to  passing customers.

Gibson maintained he just wants to be able to smoke his legal joints
in the same outside area among regular  tobacco smokers.

The two were to lock horns at a Human Rights Tribunal of Ontario
hearing last week but a tentative agreement  halted last week's
proceedings.

Like Kindos, Gibson told the Post Friday that the deal was not
official yet. Even Human Rights Tribunal of  Ontario registrar
Patricia Grenier said Thursday that a  hearing date of May 21 is still
set aside.

Kindos said the deal calls for him to pay Gibson a small amount of
money, but wouldn't specify how much.  Gibson said under the proposal
he is to receive a  nominal payment from Kindos.

"That's pretty well all he got," said Kindos prior to his call to the
Post Friday.

"Did I want to fork out $40,000-$60,000 in lawyer's costs, retain my
lawyer for the next eight days and be  eight days away from my
business and have this stress?

"We minimized our losses at the end of the day.... It's (case) put me
out over $30,000," he said.

Kindos thanked Burlington MPP Joyce Savoline for her support. He also
singled out several local businessmen  and businesses, Andy Marcolini,
Joe Dog's and East Side  Mario's, for their financial help through
donations and  fundraisers, efforts he says will cover the majority of
 his legal costs to date.

However, he didn't hide that he is bitter about what he perceived as
a lack of support from many of his  restaurant brethren in Burlington.

"I was very disappointed in a lot of other business owners in town
and a lot of associations I belong to. I  hope it becomes their
problem one day."

Kindos says he and other business owners like him should be worried
about the potential liability for  restaurants and bars when serving
alcohol to someone  who is a medical marijuana user and who may have
lit up  prior to entering their premises.

"It wasn't that he (Gibson) wasn't allowed to come back in. The point
is you're (maybe) smoking a joint, which  falls under the Controlled
Substances Act, which falls  under our Liquor Licence Act. So we can
get our licence  revoked if we serve (someone like) him alcohol. We're
 in a liability situation trying to accommodate his 
disability."

Kindos said he and Gibson may have sparred verbally about their case
on a radio station last week but both  want the human rights battle to
end.

"I'm relieved and my family is relieved. It has been a long road. You
will be the last (media) guy that I talk  to on this because I've got
to get this behind me,"  Kindos had said last week.

He said he will be writing Gibson an apology related to what he
called unfortunate "abusive" remarks made about  Gibson and his family
that appeared on a website Kindos  had created to garner support for
his fight. He said  about 1,200 signatures were received, but that
about  half were taken off because of what he deemed  inappropriate
comments.

The site has already been taken down, he said.

"I was disappointed that some of that came through the site. He's got
kids," said Kindos.

Gibson told the Post the case put him and his family under pressure
as well.

He said if it wasn't teenagers bugging his son at school to get pot
for them, it was people calling his  house or going to his residence
and leaving threatening  notes. He said the threats ranged from
burning his  house to death. Gibson said he never contacted police 
about it.
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MAP posted-by: Larry Seguin